CSSB 240(HSS): "An Act allowing minors 16 years of age or older to consent to behavioral health and mental health services; authorizing school personnel to recommend a behavioral health or mental health professional to a child 16 years of age or older; and relating to medical assistance coverage for rehabilitative, mandatory, and optional services furnished or paid for by a school district on behalf of certain children."
00 CS FOR SENATE BILL NO. 240(HSS) 01 "An Act allowing minors 16 years of age or older to consent to behavioral health and 02 mental health services; authorizing school personnel to recommend a behavioral health 03 or mental health professional to a child 16 years of age or older; and relating to medical 04 assistance coverage for rehabilitative, mandatory, and optional services furnished or 05 paid for by a school district on behalf of certain children." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 14.30.171 is amended by adding a new subsection to read: 08 (c) Notwithstanding (a) of this section, school personnel may recommend a 09 behavioral health professional or mental health professional to a child who is 16 years 10 of age or older. In this subsection, 11 (1) "behavioral health professional" has the meaning given in 12 AS 14.30.174(b); 13 (2) "mental health professional" has the meaning given in
01 AS 47.30.915. 02 * Sec. 2. AS 14.30.174(a) is amended to read: 03 (a) Notwithstanding AS 14.30.171(a)(3) and (5), a behavioral or mental health 04 professional working within a public school system may, in compliance with federal 05 education law or applicable state law, 06 (1) recommend, but not require, a psychiatric or behavioral health 07 evaluation of a child; [AND] 08 (2) recommend, but not require, psychiatric, psychological, or 09 behavioral treatment for a child; and 10 (3) obtain informed consent from and provide behavioral or 11 mental health services to a child who is 16 years of age or older. 12 * Sec. 3. AS 25.20.025(a) is amended to read: 13 (a) Except as prohibited under AS 18.16.010(a)(3), 14 (1) a minor who is living apart from the minor's parents or legal 15 guardian and who is managing the minor's own financial affairs, regardless of the 16 source or extent of income, may give consent for medical and dental services for the 17 minor; 18 (2) a minor may give consent for medical and dental services if the 19 parent or legal guardian of the minor cannot be contacted or, if contacted, is unwilling 20 either to grant or to withhold consent; however, if [WHERE] the parent or legal 21 guardian cannot be contacted or, when [IF] contacted, is unwilling either to grant or to 22 withhold consent, the provider of medical or dental services shall counsel the minor 23 keeping in mind not only the valid interests of the minor but also the valid interests of 24 the parent or guardian and the family unit as best the provider presumes them; 25 (3) a minor who is the parent of a child may give consent to medical 26 and dental services for the minor or the child; 27 (4) a minor may give consent for diagnosis, prevention, or treatment of 28 pregnancy, and for diagnosis and treatment of venereal disease; 29 (5) a minor who is 16 years of age or older may give consent to 30 receive outpatient behavioral or mental health services from a behavioral health 31 professional or mental health professional; a behavioral health professional or
01 mental health professional may not prescribe medication to a minor receiving 02 services under this paragraph without the consent of the minor's parent or 03 guardian; during the course of treatment, the behavioral health professional or 04 mental health professional shall contact the minor's parents and offer to provide 05 services to the family, unless there are clear clinical indications that doing so 06 would be harmful to the minor receiving services, in which case the behavioral 07 health provider or mental health provider shall document those concerns in the 08 counseling record; in this paragraph, 09 (A) "behavioral health professional" has the meaning given 10 in AS 14.30.174(b); 11 (B) "mental health professional" has the meaning given in 12 AS 47.30.915 [THE PARENT OR GUARDIAN OF THE MINOR IS 13 RELIEVED OF ALL FINANCIAL OBLIGATION TO THE PROVIDER OF 14 THE SERVICE UNDER THIS SECTION]. 15 * Sec. 4. AS 25.20.025 is amended by adding a new subsection to read: 16 (d) The parent or guardian of a minor is relieved of all financial obligation to 17 the provider of a service under this section. 18 * Sec. 5. AS 47.07.063(a) is amended to read: 19 (a) The department may pay medical assistance under this chapter to a school 20 district on behalf of an eligible child, including a child with a disability, for 21 rehabilitative and other mandatory and optional services covered under this chapter 22 that are furnished or paid for by the school district if 23 (1) the school district and the department have entered into an 24 agreement requiring the school district to reimburse the department for any state 25 financial share required by the federal government; 26 (2) the rehabilitative and other mandatory and optional services are 27 [(A) INCLUDED IN THE CHILD'S INDIVIDUALIZED 28 EDUCATION PROGRAM DEVELOPED UNDER AS 14.30.278; AND 29 (B)] otherwise eligible for reimbursement under this chapter; 30 (3) the child [IS A CHILD WITH A DISABILITY WHO] 31 (A) is eligible for medical assistance under this chapter for the
01 services; and 02 (B) complies with all applicable provisions of this chapter for 03 that assistance; 04 (4) the school district fully complies with billing, auditing, and 05 reporting required under the approved state plan described in AS 47.07.040; 06 (5) reimbursement of payment for the rehabilitative and other 07 mandatory and optional services under this section does not exceed reimbursement 08 allowable for the services under this chapter; and 09 (6) all other requirements of federal and state law are met.